THE FINE PRINT
Donkey Rental Agreement Terms and Conditions
This Rental Agreement Terms and Conditions sets forth the conditions on which we will provide the services offered through the donkey.co.za website (“the Website”). This Rental Agreement Terms and Conditions is a contract between you and Donkey STK (Pty) Ltd, registration no. 2016 / 233149 / 07, having its registered office at 24 Kendal Road, Eversdal, Cape Town, 7550, South Africa, branded as Donkey (“Company”), and covers all rentals made pursuant to this Website.
BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON, PLEASE CAREFULLY READ THE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY CLICKING ON THE “I ACCEPT” BUTTON, YOU ARE BOUND BY AND HAVE BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CLICK “I ACCEPT” OR CONTINUE TO USE THIS WEBSITE. WE RESERVE THE RIGHT TO AMEND THIS RENTAL AGREEMENT AT ANY TIME. ANY SUCH CHANGES WILL APPLY TO FUTURE RENTALS AFTER THE DATE ON WHICH SUCH AMENDMENT GOES INTO EFFECT.
1. Nature of services
Donkey is a business in the services industry that provides a mobile WiFI / Mobile hotspot / MiFi rental service (the “Services”), along with user guides and accessories (collectively the “Equipment”) to travellers who visit South Africa.
2. Eligibility to rent equipment
While our Equipment may be used by travellers of any age, we can only rent to adults who are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Rental Agreement, and to abide by and comply with the terms set forth herein.
3. Delivery
Subject to availability and receipt of payment, requests will be processed within 2 working days and order confirmation and delivery confirmed by way of email. When you place an order to rent the mobile Wi-Fi / mobile hotspot / MiFi, we will ask you to designate an address to which such Equipment will be delivered, and will also ask for your Rental Start Date, Rental End Date and the South African City from which you will fly out of the country. The Equipment, along with an accompanying user guide, will then be delivered to your designated address before your arrive at your destination. It is your responsibility to inspect all Equipment upon receipt and to verify that it is in good working order and condition. In the event that we deliver the Equipment to the designated address you have provided, before your rental Start Date and you are not available to accept or fail to accept the delivery for any reason, then such Equipment shall still be deemed accepted and you will still be responsible for the return of the Equipment and for all charges. It is your responsibility to ensure that you are available to receive and that you accept the delivery of our Equipment. We will assume all risk of loss and damage up until the delivery of the Equipment to your designated address.
4. Use of equipment
You agree to exercise reasonable care in the use of all Equipment, and to handle all Equipment in accordance with the user guide. You further agree that you will not do any of the following: (a) make repairs or modifications, or alter in any way, the Equipment; (b) remove or alter any certification markers affixed to the Equipment; (c) share the Equipment with any third party, or allow any such third party to use the Equipment, with the sole exception of a family member, companion, or friend accompanying you on your trip; (d) dispose of the Equipment; (e) grant any interest in the Equipment to any third party; or (f) use the Equipment for any illegal purpose.
5. Return and Refunds policy
The provision of goods and services by Donkey is subject to availability. In cases of unavailability, Donkey will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10 % administration fee. Please contact us to confirm your cancellation. If the device has already been dispatched before the client cancells the order, we will not refund the shipping charges. We will not refund days with usage on the device. If you already have the device, you will need to return it to us immediately. All returns should be returned by a local (to South Africa) courier service in accordance with our shipping instructions. The Equipment shall be returned in good working order and condition. You assume all risk of loss and damage from the return of all Equipment to our designated address. We therefore recommend that you choose “recorded deliveries” when possible. You agree to pay for all return shipping charges at the time of the rental.
6. Fees and charges
(a) Rental Charges. Rental fees for the use of our Equipment are assessed commencing as of the Rental Start Date and ending as of the Rental End Date. Our current rental fees are posted on our Website and may be amended without prior notice. Please note that we do not apply any credit for a partial billing date; all partial days will be treated as full days for our billing purposes.
To place any order, we require a credit card to pre-pay all charges.
(b) Service Charges. Usage charges must be pre-paid according to the current data rate schedule posted to our Website. You are liable for any charges relating to usage outside of areas covered by Donkey’s specified network, and for charges related to usage outside regions for which the purchased service was intended for.
(c) Late Return. All returns must be in accordance to the courier method elected by Donkey and with the courier documentation provided by Donkey. If Donkey does not receive the Equipment within 15 working days of your rental end date you will incur a penalty fee for the loss of the equipment. If for any reason you are unable to return the Equipment to us, including but not limited to the Equipment being lost or stolen during the Rental Period, then you should contact us immediately, so that you do not incur additional late charges. If the equipment is returned to us after we have charged the loss penalty, we will immediately offset the charge with the fee corresponding to the number of days your device is considered overdue.
(d) Duty / Tax Charges. Returns shipped from outside South African borders might be subject to Duty / Tax Charges. You are responsible for these charges.
(e) Loss, theft or damage. Subject to Section 5 above, you are solely responsible for all loss or damage to the Equipment during the Rental Period. Any charges for damaged or lost Equipment will be billed directly to you. Charges break down as follows: ZAR900 per Donkey mobile WiFi / mobile hotpot / MiFi device, ZAR150 per travel adapter, ZAR100 per pouch and ZAR600 per power bank. In the event that all Equipment is lost or damaged, the total charge payable is ZAR1750. Without extra equipment (power bank ), the total charge is ZAR1150. Damaged equipment is defined as equipment that is no longer fit for re-use, including cosmetic damage that significantly deteriorates the user experience (e.g. cracked cover or screen).
Please note that we reserve the right to institute collection procedures against you in the event that you fail to return our Equipment to us as required by this Rental Agreement or fail to pay any service or damage charges or late fees that you incur. If it becomes necessary for us to institute collection procedures against you, you agree to pay our costs of collection, including without limitation reasonable attorneys’ fees. Any late fees that we collect will not waive any other right or remedy that may otherwise be available to you under this Agreement.
7. Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Donkey bank account, the details of which will be provided on request.
8. Card acquiring and security
Card transactions will be acquired for Donkey via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
9. Customer details separate from card details
Customer details will be stored by Donkey separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za
10. Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
11. Responsibility
Donkey takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
12. Country of domicile
This website is governed by the laws of South Africa and Donkey chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 24 Kendal Road, Eversdal, Durbanville, Western Cape, South Africa, 7550.
13. Ownership of equipment
By using this service, you agree and acknowledge you are renting Equipment for travel purposes only, and that you will acquire no rights in the Equipment. You agree that we will retain all ownership of the Equipment, including but not limited to user guides and accessories.
14. Customer warranty
If you are renting this Equipment on behalf of an entity rather than for your own personal use, then you represent and warrant that you are fully authorized to enter into this Agreement on behalf of such entity, and to bind such entity to the terms and conditions set forth in this Rental Agreement. You further represent and warrant that you are not committing any fraud or misrepresentation in entering this Rental Agreement.
15. Donkey warranty
Donkey warrants that the Equipment will be delivered in good working order and condition, and that it will continue to operate properly during the term of the Rental Period.
16. Remedies
In the event of any failure to meet the Donkey Warranty set forth in Section 15 above, our sole liability and your sole and exclusive remedy will be to repair or replace the Equipment at our expense. If we replace the Equipment, you will receive the same or reasonably similar Equipment to use for the remainder of the Rental Period. It is your obligation to notify us immediately in the event that you experience any problem with your Equipment.
17. Disclaimer of warranties
Except for the warranty set forth in Section 15 above, Donkey makes no representations, warranties, conditions, or guarantees, whether express, implied, statutory, or otherwise, oral or written, regarding the Equipment, the Services or this Rental Agreement. We make no endorsements regarding any third party listed on our website or in our user guide, and cannot warrant or make any representation about the quality of their services. We cannot warrant our Equipment or Services will operate uninterrupted or error-free, that it will operate properly on all wireless networks, that it will meet all of your needs, or that any third party services that you access though our Equipment or Services will be uninterrupted, error-free, or meet your needs. We cannot be responsible for the legality, adequacy, accuracy, quality, or operation of any third party services. Donkey expressly disclaims all other warranties with respect to the Equipment, our Services and any third party services accessed through our Equipment or Services, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third party rights. You assume sole and exclusive responsibility for the use of the Equipment and Services and for any reliance on any third party services. While we will make every effort to erase all personal information left on returned Equipment, we cannot be responsible for ensuring the protection of personal information left on returned Equipment. You assume the sole risk and responsibility for erasing personal information prior to returning Equipment rented pursuant to this Rental Agreement.
18. Consequential damages; limitation of liability
To the extent permitted by law, neither Donkey nor its officers, directors, members, employees, contractors, agents, and representatives shall in any event be liable to you for any consequential, punitive, exemplary, special, incidental, or indirect damages of any kind, including without limitation, loss of data or profits, loss of goodwill or business reputation, cost of procurement or replacement goods and services, cover, or reliance damages, or any other tangible loss arising out of or in connection with this Rental Agreement, whether such liability arises from any claim based on contract, warranty, tort (including negligence), strict liability, infringement of intellectual property, or otherwise, and whether or not we have been advised of the possibility of such loss or damage. We agree that these limitations will survive and apply even if any limited remedy specified in this Rental Agreement is found to have failed of its essential purpose. Our total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under this Rental Agreement. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder.
19. Indemnification
By agreeing to this Rental Agreement, you agree to indemnify, defend, and hold harmless Donkey, our officers, directors, members, employees, independent contractors, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expense, including but not limited to reasonable attorney’s fees, in any way connected with (a) a breach of the terms and conditions of this Rental Agreement; and (b) any dispute between you and any third party service, which you engaged through our Equipment and Services.
20. Miscellaneous
We reserve the right to discontinue our rental services or terminate and/or amend this Rental Agreement at any time at our sole discretion. Expiration or termination of this Rental Agreement will not relieve you of any payment obligations hereunder. Sections 5, 6, 13-19 shall survive any such expiration or termination. You may not assign or transfer any of your rights or obligations under this Rental Agreement without our prior written consent. You agree that we may assign this Rental Agreement without prior notice in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the terms of this Rental Agreement, no matter how long continuing or how often repeated, shall be deemed a waiver of any subsequent breach thereof, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any provision of this Rental Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision will be construed to the extent feasible, to render the provision enforceable. If no feasible interpretation will save such provision, it is to be severed from the remainder of the terms of this Rental Agreement, which are to remain in full force and effect. This Rental Agreement contains the entire understanding of the Parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.
21. Customer Privacy policy
Donkey shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
By purchasing services offered by Donkey, you agree to receive promotional messages relating to similar products and services we offer.
22. Force Majeure
In the event we fail to perform any obligation pursuant to this Rental Agreement due to an “act of God,” or an act of any government, terrorism, riot, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond our control, such failure shall not be deemed to be a breach of this Rental Agreement, provided that we notify you of the existence and nature of the reason for our non-performance and delay, and we resume performance immediately upon the conclusion of the relevant force majeure.
23. Governing Law – Dispute Resolution
This Rental Agreement is governed by South African Law, without regard to conflicts of law principles. All disputes arising under this Rental Agreement shall be submitted to binding arbitration in Cape Town, South Africa, by one arbitrator appointed by the Chairman, for the time being, of the Cape Town Bar Council (or its successors in title as the case may be). Costs of the arbitration, including administrative and arbitrators’ fees, shall be shared equally by you and Donkey. The arbitration award shall be final and each party shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review of the arbitrator’s decision is sought, the prevailing party shall be entitled to costs and reasonable attorneys’ fees. For the avoidance of doubt, all claims you bring against Donkey must be resolved in accordance with this Section 23. All claims filed or brought against Donkey contrary to this Section 23 shall be considered improperly filed. Should you file a claim contrary to this Section 23, you agree Donkey may recover attorneys’ fees and costs of up to ZAR50,000 provided that Donkey has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
24. Rental period
The Rental Period commences on your rental start date (“Rental Start Date”) and expires upon your designated rental end date (“Rental End Date”).
25. Variation
Donkey may, in its sole discretion, change this Rental Agreement or any part thereof at any time without notice.
26. Company information
This website is run by Donkey STK (Pty) Ltd based in South Africa trading as Donkey and with registration number 2016 / 233149 / 07 and Ivar Kilian as Director.
27. Donkey contact details
Company Physical Address: 24 Kendal Road, Eversdal, Durbanville, Western Cape, South Africa, 7550
Email: bookings@donkey.co.za or support@donkey.co.za
WhatsApp: +27 (0)67 403 4172